本文发表在 rolia.net 枫下论坛Your spouse has committed adultery. You don't have to name the person with whom your spouse committed adultery unless you're making some coincident claim against that party, as per Ontario divorce law. And you needn't actually find your spouse in bed with the other party; you need only establish a high probability that adultery occurred, for example by their spending a night together in a motel -- especially if not denied by the adulterous spouse. The simplest way to prove the adultery is if your spouse is willing to admit it (in an affidavit).
In the Petition for Divorce, you must swear that there has been no collusion or connivance between you and your spouse, according to Ontario divorce law. Therefore, you can't invent the adultery simply as a means of obtaining a divorce.
It's possible to deem yourselves as "living separate and apart" while within the same dwelling, although this is more difficult to prove. You must be living entirely independent lives ... and, of course, not sharing the same bed.
The act must have truly occurred, and it must not have been condoned by you. For example, extramarital sex within an "open marriage" doesn't count. There are two other ways to prove adultery: by examination for discovery, and by court appearance. However, these are not reliable ways to prove adultery, since the court cannot compel your spouse to answer questions about it (he or she is protected against self-incrimination under the Evidence Act and Ontario divorce law). The detail of these procedures is beyond the scope of this short article; talk to an Ontario divorce lawyer for additional information.更多精彩文章及讨论,请光临枫下论坛 rolia.net
In the Petition for Divorce, you must swear that there has been no collusion or connivance between you and your spouse, according to Ontario divorce law. Therefore, you can't invent the adultery simply as a means of obtaining a divorce.
It's possible to deem yourselves as "living separate and apart" while within the same dwelling, although this is more difficult to prove. You must be living entirely independent lives ... and, of course, not sharing the same bed.
The act must have truly occurred, and it must not have been condoned by you. For example, extramarital sex within an "open marriage" doesn't count. There are two other ways to prove adultery: by examination for discovery, and by court appearance. However, these are not reliable ways to prove adultery, since the court cannot compel your spouse to answer questions about it (he or she is protected against self-incrimination under the Evidence Act and Ontario divorce law). The detail of these procedures is beyond the scope of this short article; talk to an Ontario divorce lawyer for additional information.更多精彩文章及讨论,请光临枫下论坛 rolia.net